Page:United States Statutes at Large Volume 118.djvu/3562

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118 STAT. 3532 PUBLIC LAW 108–451—DEC. 10, 2004 the Community under the Gila River agreement, are author- ized, ratified, and confirmed. (2) PRIORITY DATE; QUANTIFICATION.—The priority date and quantification of rights described in paragraph (1) shall be determined in an appropriate proceeding in State court. (3) CARE, OPERATION, AND MAINTENANCE.—The Salt River Project shall retain authority and responsibility existing on the date of enactment of this Act for decisions relating to the care, operation, and maintenance of the Salt River Project water delivery system, including the Salt River Project res- ervoirs on the Salt River and Verde River, vested in Salt River Project under the 1917 agreement, as amended, described in paragraph (1). (g) UV IRRIGATION DISTRICTS.— (1) IN GENERAL.—As partial consideration for obligations the UV irrigation districts shall be undertaking, the obligation to comply with the terms and conditions of term 5 of exhibit 2.30 (New Mexico Risk Allocation Terms) to the New Mexico Consumptive Use and Forbearance Agreement, the Gila Valley Irrigation District, in 2010, shall receive funds from the Sec- retary in an amount of $15,000,000 (adjusted to reflect changes since the date of enactment of this Act in the cost indices applicable to the type of design and construction involved in the design and construction of a pipeline at or upstream from the Ft. Thomas Diversion Dam to the lands farmed by the San Carlos Apache Tribe, together with canal connections upstream from the Ft. Thomas Diversion Dam and connection devices appropriate to introduce pumped water into the Pipe- line). (2) RESTRICTION.—The funds to be received by the Gila Valley Irrigation District shall be used solely for the purpose of developing programs or constructing facilities to assist with mitigating the risks and costs associated with compliance with the terms and conditions of term 5 of exhibit 2.30 (New Mexico Risk Allocation Terms) of the New Mexico Consumptive and Forbearance Agreement, and for no other purpose. (h) LIMITATION ON LIABILITY OF UNITED STATES.— (1) IN GENERAL.—The United States shall have no trust or other obligation— (A) to monitor, administer, or account for, in any manner, any of the funds paid to the Community by any party to the Gila River agreement; or (B) to review or approve the expenditure of those funds. (2) INDEMNIFICATION.—The Community shall indemnify the United States, and hold the United States harmless, with respect to any and all claims (including claims for takings or breach of trust) arising out of the receipt or expenditure of funds described in paragraph (1)(A). (i) BLUE RIDGE PROJECT TRANSFER AUTHORIZATION.— (1) DEFINITIONS.—In this subsection: (A) BLUE RIDGE PROJECT.—The term ‘‘Blue Ridge Project’’ means the water storage reservoir known as ‘‘Blue Ridge Reservoir’’ situated in Coconino and Gila Counties, Arizona, consisting generally of— (i) Blue Ridge Dam and all pipelines, tunnels, buildings, hydroelectric generating facilities, and other structures of every kind, transmission, telephone and VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00066 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4